I’m not sure on the correct phrasing here,

Protected implies there is a legal framework to forbid other legal framework from infringing… “hate speech” requires a legal framework to define what that is, and there is a debate if it is a thing at all.

There is nothing stopping a relay from complying with a certain legal system that has defined it, resistance is probably a good term here, as it’s not protected, in that the relay that does comply, is still a nostr relay. All speech is engineered to be resistant to censorship due to the diversity and independence of relays and clients.